>> i vote no for this. because i'm an american citizen, no. >> reporter: but ali who can double his wages on tips, said it will hurt him in the long run. >> $2 will not help me. coming back, i was working $40 an hour and now my boss is cutting my hours. >> it is what the business community called for the minimum wage law. nick and his partners figured out what their new pay would be under measure d. and can't afford it without making cuts. some employees will be cut and some part-timers will be let go. >> our example is 2,000 hours every two weeks and that could -- and we did the math, that is almost $100,000 a year. and we have to cut some hours just to make a profit. >> measure d. began in a

sociology classroom at san jose state and grew into a strong coalition backed by organized labor. it was passed by 59% of the voters, intended to help those to earn a decent living, backers said measure d. will help the entire community. >> the increased wages will be spent right here in san jose and that will -- that is going to cause an additional economic stimulus of almost $200 million for the city of san jose. >> reporter: and so san jose joins a very small number of cities nationwide that have minimum wage laws above and beyond what the state requires. but since measure d. did pass here in san jose, city officials and labor leaders have been getting calls from other cities interested in the same in their area, including, oakland, berkeley and los angeles. a fear of heights. the fiscal cliff putting wall street over the edge as they

turn the focus to the budget crisis. putting the damper on any gains on the market. the dow ended flat after one of the worst weeks of the year last week. that cliff could be reached 50 days from today. tomorrow the president and congress will get back to work. hoping to cut a deal and prevent automatic spending cuts and tax hikes at the end of the year. even if lawmakers work out a compromise, the political fight until then is sure to keep investors on edge. pitching the stock market back and forth until it is resolved. well members of congress are asking why the fbi waited until last friday to tell them about the affair that cost cia director david petraeus his job. it was harassing e-mails that first put the fbi on the case and led to the information. >> many are asking why they didn't know the fbi was investigating david petraeus until the cia director

resigned. >> we received no advanced notice. it was like a lightning bolt. >> reporter: fbi officials say they did not alert lawmakers or the white house because they weren't turning up evidence of a crime or security breach. but richard meyers told -- told cbs this morning, notifying superiors is common. >> we file investigations in the military where the allegations were not proven yet but the chain of command was made aware that somebody was being looked at for whatever. >> reporter: before the scandal, petraeus was scheduled to testify this week on capitol hill about the deadly attack on the u.s. console at in benghazi, libya. acting director mike morrell will testify instead. some lawmakers say they still need to hear from petraeus. >> from my point of view it is essential that he give testimony before the congress so we can figure out benghazi. >> reporter: the fbi uncovered his extramarital affair with paula broadwell after a second

woman, jill kelly, reported receiving anonymous threatening e-mails. kelly and her husband knew petraeus and his wife socially. there is no evidence of involvement between kelly and petraeus. in washington, randall pinkston, cbs 5. his name is synonymous with anti-virus software. and now john mcafee's name is wanted following a murder. he is wanted for questioning in the shooting dow jones of his 52-year-old name. the victim and mcafee had a apparently long-running feud. >> they had a relationship and sort of a history of quarreling, which without knowing the facts it seems to be why they would want to talk to him. >> now this isn't mcafee's first scrape with authorities -- scrape with authorities. he moved there in 2008 and was

arrest from what he called bogus charged in 2009. he was also arrested for unlicensed drug manufacturing. four people are under arrest in menlo park. police responded to one of the homes at meddero avenue at about 4:30 this morning. they found two high capacity assault rifles, a 9mm handgun and ten ounces of marijuana. no one was hit by the gunfire but four people between the ages of 19 and 28 have been arrested. they are suspected of being part of a street gang. facing charges that include weapons offenses, conspiracy and marijuana sales. headlines from around the bay area, a traffic accident in contra costa county escalated into a shooting this morning after two cars collided near san pawno. the two drivers got into an argument and one of them opened fire on the other. the victim suffered a non-life- threatening injury and taken to the hospital. the other shooter took off on foot. the target store on dublin

had to be evacuated along with the store next door because a construction crew hit a line. nobody was hurt. a motorcycle officer has been injured in an accident before noon in the 700 block of branon street in the south of market area. the officer was taken to a hospital for treatment. his injuries are not believed to be life-threatening. another vehicle was involved but the details of the accident are still being investigated. new numbers show a razor thin margin separating the two candidates in a san francisco supervisor race. at one important only 20 votes stood between norman yee and crowellly for the district 7 seat. as of 4 this noon, yee has widened his lead by 13 votes for a margin of 33. it is a while before we know who the winner is here? >> we're down here in the

basement, allen, of san francisco city hall. the department of elections has closed for the day and the workers have gone home. there are still about 1500 provisional ballots that they have to count by hand. and as you mentioned, there is only a 33-vote difference between the two candidates in district 7. we still don't know who the supervisor will be. johnarns, the director, said there is a lot of work to do, and as far as he's concerned, the only number that matters is at the one at the end, when the election is certified and that won't be until december 4th. >> i'm not announcing a winner here or saying that even tomorrow or thursday will be the final tabulation. until i ser the election and i have until december 4th to ser the election, that's when there will be a winner for district 7. >> so what takes so long? well as i say, they have to be counted by hand.

basically we've broke it into three categories. first is the out-stack, the machine can't read the votes. they circled the name instead of putting a line through the bubble and gets kicked out. the second one is called an over-vote, where more than one candidate in the wrong sequence has been marked. so those don't count. they have to be checked and double-checked. and then the third one is a challenge, where they go and look on the voter rolls and that person died last year so he shouldn't be voting this year. so it has fallen into one of those three categories and they say it could take several more weeks before all of these votes are counted. until then, both sides will have to wait to see who is supervisor of district 7. live from mobile 5 in san francisco city hall basement, i'm ken basseda back to you. >> the links found in pregnancy and how it could change the way autism is studied. gift card glitches.

even in california, some gift cards can expire. the fine print you often overlook that could put a wrench in gift-giving. thanksgiving isn't what it used to be. the pressure to rake in the sales changing holiday tradition.

dr. kim mulvihill explains w the discovery is highlightig the need for... of all thin. a flu shot. a new link is discovered between pregnant women and autism. >> we explain how the discovery is highlighting the need for, of all things, a flu shot. >> this woman is pregnant with her first child. she knows it is important to stay healthy for herself and her unborn baby. >> i do everything that i can not to get sick. i wash my hands a lot. i use hand sanitizer and got the flu shot. >> every flu season pregnant women are encouraged to get vaccinated against the flu. >> we know pregnant women are more sensitive to viral infections. >> reporter: so now there is another reason to get a flu

shot. a new study suggest that children of mothers who contract the flu or have a long fever while pregnant may have an increased risk of autism. in a research, kids had twice the amount of autumn if the mom reported being sick. having a fever would triple the risk. >> common sense would be that it wouldn't be good for the baby to be exposed to high fever or the virus in the bloodstream. >> about 99% of the woman who have the flu or prolonged fever, did not have a child with autism so moms should not panic. >> i try not to be under stress all of the time and worrying, but if i were to get sick, it would be something that i would have in the back of my mind. >> some good news, the researchers did not find any link between sinus infections, urinary tract infections, herpes or the common cold and autism. now getting a flu shot during

pregnancy protected two high- risk patients, the mother and the infant. if a pregnant woman has flu- like symptoms, you should call the doctor and if you have a fever, it can be treated with tylenol. >> being sick during that, all right, thanks. asleep at the wheel. how the chp is planning to crack down on driving. and not all gift cards are created equal. excluding certain gift cards from consumer protection and the fees and expiration days you might encounter in tonight's consumer watch. and you may have noticed temperatures today were on the cooler side of average but plenty of sunshine. what is in store for our seven- day forecast. we have big changes straight ahead. stay tuned, coming up next.

you could end up with hidden fees and . not every gift card comes with the same consumer protections and you could end up with hidden fees, even the expiration date. >> julie watts explains how certain gift cards get around the california laws. >> do you like getting gift cards for the holidays? >> yes. >> of course i do. >> if you had a choice for a

single card for a store or a visa gift card. >> a visa. >> so i can get clothes, because i have a lot of varieties i like to shop from. >> but not all gift cards are created equal. those like this here at see's candy come with protection, they can't expire and can't charge fees and if there is less than $10 left on the card, you get your cash back. but if you buy one of these gift cards, good for the whole mall, you may have expiration date and service fees and other things to be mindful of. >> i never thought about that. >> consumer affairs explain gift cards come with strict consumer protections. but those offered by banks and credit card companies fall under federal law. >> those can have expiration dates and that can charge service fees. but the brick and mortar stores cannot. >> and according to a new

survey from bank rate.com, a majority of the multi-use gift cards do come with fees, including those for purchase, dormancy and maintenance. as for expiration dates, bank rate found 95% don't expire, even though they are allowed to. >> the best protected gift cards are those from brick and mortar stores or online retailers. >> so knowing that, what kind of gift card would you like now? >> a gift card to a store. >> to a specific store. >> i wish for the store gift card. >> now the bank and mall gift cards that do expire must last five years and print the expiration date on the front here in california. and a word of warning. even though the store gift cards don't expire, you should still use thek quickly because in -- use them quickly because in this economy, the store might expire with bankruptcy. >> honestly haven't thought of that. >> with barnes and noble and we see it all of the time. >> mine end up fermenting in my wallet. >> time to use those.

black friday is coming a day early this year. several stores opening on thanksgiving, thursday. changing holiday traditions too. mike sugarman on how many folks are fighting to stop the holiday rush. >> this is a story of holidays. kevin took care of them pretty well in home alone. now this creep comes after the dishes are put away on thanksgiving night. >> it is in the evening, not occurring at noon, and they love having something to do. >> consumer analyst is talking about stores offering and opening deals on thanksgiving, instead of waiting for the black friday morning, feeling the heat from online shopping. >> and then i have another group of consumers that sort of feel like it is sack religious. >> but some employees are fighting back. last year there was a petition on change.org to protest

target's decision to open early. 100,000 people signed it. this year it is not just target that is the target. >> so far we have seen over 40 petitions on our website. >> katie bethel of change.org said if there is a store opening early, there is a petition. >> not just target. target, wal-mart, probably best buy. >> so am i going to have to sit here in front of the store on thanksgiving day to make sure i'm first in line to get the good deals? >> you don't have to. she said deals are to be had thanksgiving night and black friday. retailers don't want to give you any excuse to stay home. >> when i think about what it gives me, extra pay, extra money, overtime. >> employees don't need an excuse either. grocery workers striking are back at the negotiating table after picketing for a week. workers are hopeful the two sides can agree on a new contract. they have a company proposal to

limit health benefits for retirees who qualify for medicare. the other proposals include a wage free and elimination of sunday and holiday pay. slow signs of recovery. two weeks after superstorm sandy hit the northeast. some residents of new jersey are returning to their home for the first time to find this -- devastation. they will end gas rationing tomorrow morning. in new york and many in long island still in the dark. more than 70,000 people still without power. the governor plans to request at least $30 billion in federal disaster aid to rebuild. italy's historic city of venice is under water. flooding is common -- is common in venice this time of year and the high tide mark has been brought to the sixth highest level in 150 years. elizabeth is in for paul today. >> in the morning show, the evening show. we do it all around here. >> did it feel cooler to you

today? >> it was just cold. >> we at least saw plenty of sunshine around the bay area. so turned out to be a nice, fall day. temperatures were on the cooler side of average. from 3-5 degrees cooler. these are temperatures out the door right now. we're still seeing 50s. santa rosa coming in at 61. oakland and cob cord in the mid to -- concord in the mid to upper 50s. partly cloudy skies and a lot of 40-degree readings out there. 48 across the bay. low to mid-40s around the coast and similar story inland. so by tomorrow we'll start a slight warming trend. i want to emphasizing slight but temperatures warmer tomorrow than what we saw today. and it looks like it will stay dry. a lot of sun and a mix of sun and clouds in a lot of places too. so we're barely going to get out a 70-degree reading tomorrow otherwise low to mid- 60s around the coast and bay. once again, we have some pretty big changes coming straight ahead by the end of the workweek. we'll get to that in a minute.

in the meantime we are watching a low pressure system to the north of the bay area. so through the next several days -- the next several days we'll stay dry because a flat ridge is in place. it is keeping us high and dry tuesday through thursday. and any rain is going to be in an extreme northern california, oregon and washington. so your overnight lows, a lot of 40s. once again 48 in oakland. cooler still if you are out in vallejo. 41 there. 43 in santa rosa. and then for your highs tomorrow, once again mainly mid to upper 60s. 66 in fairfield. 67 in san rafael and 67 around the bay. so here is your forecast over the next several days. tuesday through thursday once again we have the slight warming trend and then reaching to the low 70s and by thursday night and into friday we see more unsettled conditions enter the bay area. we have a good chance of rain coming into the forecast by

friday. saturday looks mostly cloudy and better chance of rain on sunday and monday. and i'm coming over to the desk now. on sunday and monday it looks like a heavier chance for rain the following workweek. >> you made it. >> i made it. we have breaking news out of contra costa county. a semi has caught fire and shut down one westbound lane. this is highway 4 at a. street. chopper 5 live over that. the truck carrying canned goods hit a car. if you know anybody driving in that area, they are going to be late. major delays, if you can get ahold of them tell them to go some other way. no time estimate on when the accident will be cleared. now can we give you a look at the back-up from our traffic computer. traffic impacted both directions. again highway 4 in antioch, we'll keep an eye on it and bring you details. we'll be right back. ,,,,

[ crickets chirping ] [ traffic passing ] ♪ [ music box: lullaby ] [ man on tv, indistinct ] ♪ [ lullaby continues ] [ baby coos ] [ man announcing ] millions are still exposed to the dangers... of secondhand smoke... and some of them can't do anything about it. ♪ [ continues ] [ gasping ] mary gshe also has asthma. so she sees her allergist who has a receptionist susan,

who sees that she's due for a mammogram. mary has one that day. that's when she finds out she has a tumor. she has a successful surgery and because her health provider has an amazing connected system, she has her life. i don't know what you have but i have kaiser permanente. kaiser permanente. thrive turkeys. more than 600 of the thanksgiving birds were dropped off at bay area

in stead of hauling away cars, tow truck drivers took time out to deliver turkeys. more than 600 of the birds were dropped off at bay area non- profits today. it is part of the triple-a thanksgiving turkey delivery project. homeless veterans are getting out of the cold this holiday season thanks to a bay area organization. >> they led the renovations on this downtown san francisco building that featured 75 units that will be home to veterans with disabilities. the furnished units come equipped with a kitchen and bathroom. >> i'm excited. didn't expect it to look as nice as it is and living in san francisco, having a permanent place to thing, that is an important thing. once you have that, the stress level goes down. >> they also have access to health care and wellness classes look cooking and yoga. the first veterans will be allowed to move in next week? a koala bear made a escape from

a brush fire in australia. fire burned more than 2,000 acres. they were sitting in what was left of a burned-out tree and gave it water and took it to an animal hospital. it suffered some singed fur on a paw but otherwise it will be okay. we'll be right back. ,, woman: oh! tully's. how do you always have my favorite coffee? well, inside the brewer, there's a giant staircase. and the room is filled with all these different kinds of coffee and even hot cocoa. and you'll always find your favorite. woman #2: with so many choices,

keurig has everyone's favorite. i just press this button.

we're working on for the 6:0 news. a closer look at how prop-30 passed. tonight: the

prominence of the yout i'm dana king, coming up tonight at 6:00, a closer look at how prop 30 passed. tonight the prominence of the youth vote and the role of social media. and it is one of those oh, no, not again feelings. coming back to your car and seeing a ticket on your windshield. how often persistence pays off when drivers dispute them. we'll have that and much more at 6:00. >> we'll see you then, dana. another quick look at the breaking news out of contra costa county. this is where the semi caught fire, shut down one lane westbound in antioch. before the fire, the truck hit a car. so again if you have anybody traveling that roadway, chopper 5 is showing you the back-up there on again highway 4 in antioch and no estimate on when they will get that cleared up. we'll give you an update at 6:00. an children testify about